On top of the desk in Tom McCann's Jefferson Avenue home office is a jar stuffed with fat cigars, waiting to be smoked. An ashtray sits next to the office chairs reserved for guests and clients, and another sits on his desk.

McCann, a real estate investor with hundreds of Midland rental properties, has operated his business out of his home for decades. As he works, he smokes. "Most people have offices in their homes," he said. "If they want to sit at their computer and smoke - go ahead."

But a new Midland County regulation, the Clean Indoor Air Regulation, prohibits smoking inside businesses or near entrances and exits. Bars and restaurants are exempt.

The regulation is enforced by the Midland County Health Department and investigated on a complaint-based basis.

Since the regulation went into effect on April 19, a complaint has been filed against McCann Realty for violation, and against nine other Midland County businesses: Mattress Connection, Wal-Mart, Michigan Works, The Department of Human Services, Midland Foodland, Midland VFW, Northwood University, Sanford Eagles and Sanford American Legion.

Chuck Lichon, director of environmental health services for Midland County, said letters have been sent to those who may be in violation, and most have responded that they plan to comply.

Lichon said the health department expected there would be a few complaints as the community adjusted to the new initiative. "This is new," he said. "I expect some people are going to have to make some adjustments in their habit."

Except for restaurants and bars, businesses and public places are expected to have smoke-free buildings, entrances and exits, and must have notice of the no-smoking policy posted. The county commission passed the regulation in January, and had a 90-day implementation period to allow time for businesses to become educated on the regulation and make necessary adjustments.

McCann, however, is making no plans to adjust. "I think it's an infringement on people's rights," he said.

He said he has no intention of responding to his notice of complaint. "If I did, it would be a waste of ink and a waste of 37 cents," he said. "People should have rights in this country. If they want to go to court, I'll meet them there. I'm prepared for whatever they want to dish out."

Lichon said Midland County will enforce the regulation. "You need to do that," he said. "If you aren't going to enforce it, why have a regulation."

Enforcement is a multi-step process culminating in fines and/or misdemeanor charges. After a first notice, violators can reply and agree to remedy the problem. In that case, no further action will be taken.

If there is no reply, the health department will make a second contact and allow an additional 14 days for a response. If there still is no response, the department will schedule a visit to explain the regulation and assist in the development of a compliance program.

If a business still does not comply after the visit, the health department will issue a warning, allow an additional 30 days to comply, and conduct a follow-up visit.

If during the follow up visit, a business is still not in compliance, the department would then issue a $50 ticket. Subsequent tickets would be $250 for a third violation and $500 for a fourth.

Lichon said in most cases, it won't go that far. "Most places are smoke-free voluntarily," Lichon said. "People are demanding it."

And there could be exceptions that have to be worked out. Three of the alleged violations thus far, for example, may fall under the restaurant exemption. Those three complaints, the VFW, Eagles and American Legion, were filed by one person and are related to smoking that is allowed during bingo games. The three bingo halls also have restaurant/bar facilities.

"They may be OK," Lichon said. "We haven't decided yet.

Lichon said there are other situations which might be unique.

"We're going to have some growing pains on this, and some decisions to make," he said.

Wal-Mart is another example. The complaint stems from inside smoking by employees on break. The store, however, keeps both a smoke-free break room and a ventilated, smoking break room for tobacco users.

Lichon said the department hasn't decided how it will handle that situation, since non-smokers are not exposed to second-hand smoke if they don't wish to be.

Lichon said that McCann's in-home office also has the potential to be considered a special exception, but McCann will have to contact the health department to discuss possibilities.

McCann said he will not, based on principle.

"If they want to do something, take cigarettes off the shelves," McCann said. "Make it illegal. They're taking out of both sides of their mouths. They want the taxes, but they don't want the smoke."

The State of Michigan raised more than $1 billion in tax from the sale of cigarettes in the fiscal year ending September 2005, and while other counties have passed clean air regulations similar to Midland's, the state has hesitated to act on a statewide initiative.

For more information about Midland's Clean Indoor Air Regulation, contact the County Health Department at (989) 832-6830 or visit www.co.midland.mi.us/health/.